Clause 1 - Offences leading to penalities on the spot.
Criminal Justice and Police Bill
12:00 pm
Mr Charles Clarke (Minister of State, Home Office; Norwich South, Labour)
I am sure that that was not my hon. Friend's intention, and I do not think that the hon. Gentleman accurately represented his view.
The scale of the situation is suggested by the fact that compensation orders were made in 51 per cent. of criminal damage cases where a conviction was recorded. Some 28,000 offenders were cautioned for criminal damage in 1999, and no compensation was possible in those cases. That is a substantial number and requires careful examination.
The hon. Gentleman also suggested that there are differences in how the fixed penalty notice revenue might be achieved. A fine can be registered against an individual of one and a half times the penalty, if no trial is requested. The fine is enforced by the magistrates court, like any other fine or compensation order.
The hon. Gentleman also mentioned New South Wales. Although I read the document carefully when it arrived, it was not at the forefront of my mind until he referred to it. I am advised that the experience in New South Wales is not transferable. There, the penalties were equal to the maximum that a court could impose, which, of course, would not encourage payment. We will have different levels of payment for the reasons set out in the Bill.
We acknowledge that there is an issue about compensation, but we believe that guidance to the police can effectively cover the point that has been made. We should not restrict the remit of the Bill in the way that has been suggested.